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(영문) 서울서부지방법원 2017.02.15 2016고단3631
공무집행방해
Text

Defendant

A Imprisonment with prison labor for six months and for eight months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2016. 11. 5. 04:00 경 서울 용산구 D에 있는 ‘E’ 주점에서 , 피고인의 남자친구인 B이 위 주점에서 술에 취해 행패를 부리고 벽에 머리를 박으며 자해를 하고 있다는 취지의 112 신고를 받고 출동한 서울 용산 경찰서 F 파출소 소속 경찰관 G 등으로부터 귀가할 것을 요구 받자 화가 나, 손으로 위 G의 몸 부위를 2~3 회 밀치고 발로 G의 몸 부위를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

2. Defendant B reported that there was a dispute between Defendant’s female job-friendly A and the police officer G G (33) as stated in paragraph (1) at the time and place described in paragraph (1), and, as described in paragraph (1), the victim’s body was sealed once by hand, and the victim and other police officers were arrested as a current offender and arrested the victim and other police officers to board the patrol vehicle, the victim’s face was inflicted an injury, such as cutting off the victim’s face by the number of medical treatment days.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and criminal investigations, and at the same time injured the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. A H statement;

1. Application of Acts and subordinate statutes to photograph and diagnose victims;

1. Defendant A of the pertinent legal provision pertaining to the facts constituting an offense: Article 136(1) of the Criminal Act: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act (the point of harm);

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (Defendant B);

1. Selection of punishment (the Defendants)

1. The reasons for the suspended sentence (the defendants) of Article 62 (1) of the Criminal Act (the favorable circumstances of the reasons for the sentencing as set forth below) [the scope of the recommended sentence] of the grounds for the suspended sentence (the grounds for the sentencing as set forth below] [the scope of the recommended sentence] of the basic area (the 1st month to 1st month) (the 1st month to 4th month) [the person who is subject to special sentencing] of the basic area (the person who is subject to special sentencing] (the

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